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1975-337 ~ RESOLUTION NO. 75R-337 .- ." " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINALLY ACCEP~ING THE COMPLETION AND THE FURNISHING OF ALL PLANT, LABOR, SER- VICES, MATERIALS AND EQUIPMENT AND ALL UTILI- TIES AND TRANSPORTATION INCLUDING POWER, FUEL AND WATER, AND THE PERFORMANCE OF ALL WORK NECESSARY TO CONSTRUCT AND COMPLETE THE FOLLOW- ING PUBLIC IMPROVEMENT, TO WIT: THE MODIFICATION OF EXISTING PEDESTRIAN SIGNAL INSTALLATIONS AT VARIOUS LOCATIONS IN THE CITY OF ANAHEIM, WORK ORDER NO. 743-A. WHEREAS, ~he City Council of the City of Anaheim did cause to be published in a newspaper of general circulation, printed, published and circula~ed.in the Ci~y of Anaheim, to wit: The Anaheim BUlletin, on February 27 and MaS:Ch 6 , 19 75 ' a not:ice invi t:ing sealed proposa s for furnishing the following: All plant, labor, services, materials and equipment, and all utilities and transportation, including power, fuel and water, and performing all work necessary to construct and complete in a good and workmanlike manner, in strict accordance with the specifications,. plans and drawings therefor on file in the Office of the City Engineer or City Clerk of the City of Anaheim, the fOllowing public improvement, to wit: ' The modification of eXisting pedestrian signal installa- tions at various locations in the City of Anaheim and all appurtenant work as delineated in the specifications on file in the Office of the City Clerk or City Engineer, Work Order No. 743-A. in accordance with the designs, plans, profiles and specifica- tions prepared by the Public Works De~artment , and the not.ice inviting sealed proposals, which said no't1ce" specified that sealed proposals as specified in said no~ice would be received up until 2:00 o'clock P.M. ot the llth ~.v n~ MR~ch . 19 15 , and which said notice id WHEREAS, on March 13 , 19 75 , at the hour of 2:00 o'clock P.M., the City Clerk and ~C1ty Engin~r of ~he City of Anaheim did open said sealed proposals received up to that time for the furnishing of all plant, labor, servi- ces, materials and equipment, and all utilities and transporta- tion, including power, fuel and water, and performing all wo~k necessary to construct and complete, in a good and workmanlike manner, in strict accordance with the specifications, plans ~nd drawings therefor on file in the Office of the City Clerk of ~e City of Anaheim, the public improvement hereinabove more particularly described and set forth, in public, in the City Council Chamber in the City Hall, Anaheim, California, and the City Engineer did tabulate the result of said sealed proposals and did make a report to the City Council at its next regular meeting: and WHEREAS, the City Council of the City of Anaheim did, at its next regular.meeting, held on ~he 18th day of r>~arch , 19l2.....-, at .'the hour of 1:30. o'clock P..M.., consider the sealed proposals submitted for furnishing the materials and performiuq the work hereinabove more particularly described and set forth, and did thereupon find and determine that the sealed proposal submitted by SIGNAL MAINTENANCE. INC., 1158 Kraemer Place~ Anaheim California .. for the construction, insta!la'tion and completion of said. _ modification of exist1n~ nedestrlan si~nal installat10Qs at various locations in ~he Citv of Anaheim. Work Order No. 7~~-A hereinabove mentioned and described, was the lowest responsible proposal submitted there- for, and thereupon accepted said bid and did award a contract to said contractor for furnishing all plant, labor, services, materials and equipment and all utilities and transportation, including power, fuel and water, and performing all work neces- sary to construct and complete, in a good and workmanlike man- ner, in strict. accordance with the specifications., plans and drawings, the said public improvement as specified in said notice inviting sealed proposals, and did authorize the Mayor and the City Clerk of the City of Anaheim to execute a contract for and on behalf of the City of Anaheim with said contractor, which said contract was duly made and entered into on the 24th day of. r.'tarch , 19 75 ; and WHEREAS, the said contractor has furnished all plant, labor, services, materials and equipment and all utilities and transpor~ation, and perfo~ed all work necessary for the con- struction and completion, in a good and workmanlike manner, in strict accordance with the specifications, plans and qrawinqs of said public improvement as specified in the notice inviting sealed proposals and in the detailed desiqns, plans, drawings and specifications prepared by the Public Works Deoartment , and the contract made and entered 1nto~with said contractor by the City of Anaheim; and WHEREAS, ~e Director of Public Works has duly cer~ified ~o ~he construction and completion of sa!d nubIie imnrovement hereinabove m&ntioned and described. in .......... .......... WHEREAS, the City Council finds that said contractor has completed said public improvement hereinabove more particu- larly described in accordance with the provisions of the con- tract and the contract documents, and that notice of completion should be filed and payment of the balance due said contractor authorized in accordance with the contract documents. NOW ,THEREFORE, BE IT RESOLVED by 'the City Council of the City of Anaheim that all plant, labor, services, materials and. equipment and all utilities and transportation, and the per- formance of all work necessary to construct, install and com- plete in a qood and workmanlike manner, in strict accordance with the specifications, plans and drawings therefor on file in the Office of the City Clerk of the City of Anaheim, together with the appurtenances thereto, said public improvement herein- above more particularly described and set forth, in the City of Anaheim, by said contractor, be, and the same are hereby accepted, subject, nevertheless, to all the terms, conditions and provi- sions of the contract documents, and that the balance due said contractor for said work be paid to said contractor thirty-five (35) days from and after final acceptance of said work as evi- dence by the adoption of this resolution, but. not sooner than thirty (30) days after the date of the filinq of notice of com- pletion, excepting only such sum or sums as may laWfully be withheld in accordance with the provisions of said contrac~ and contract documents. That acceptance by the contractor of said payments made in accordance with said final estimate shall operate and shall be a release to the City of Anaheim, its offi- cers, aqents and employees from all claims and liabilities dUe the contractor for anything done or furnished or withheld or for anything relating to the work or any act or neglect of ~e City, its officers, agents and employees, excepting on~y claims aqainst the City for amounts withheld by the City a~ the time of such payment. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby au~orized to execute and file a notice of completion of said work as required by law. THE FOREGOING RESOLUTION is approved and signed by me t:hi 8 16 t day of Julv , 19 -Z5... ......-. ATTEST: ~ ... ., , J / . J'')? ~ q,. a;l~ C If ~ OF THE I7.tTY OF ANAHEIM .II~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55. CITY OF ANAHEIM ) ~. I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 75R-337was intro duced and adopted at a regular meeting provided by law, .of the City Council of the City of Anaheim held on the 1st day of July, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R-337 on the 1st day of July, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of July, 1975. C~A, )}J. ~~aA.#J CITY CLERK OF THE CI OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R-337 duly passed and adopted by the Anaheim City Council on July 1, 1975. /- t.<~...p-{J-rl. ea.- );)-1, )~~'a/1d-~ City Clerk' ......... .